What is the difference between defamation per se and defamation per quod?

Defamation is a statement that is false and damages someone’s reputation. In California, there are two kinds of defamation: defamation per se, and defamation per quod. Defamation per se is a statement that is considered so damaging that it is assumed to harm a person’s reputation without any additional evidence. This includes statements that accuse someone of criminal activity, imply an individual is infected with a contagious disease, or suggest that an individual is lacking in skills or qualifications for their profession. Defamation per quod is a statement that causes harm to a person’s reputation, but requires additional evidence of harm to be provided. This could include a statement that implies an individual is untrustworthy, or has a poor job performance record. In this case, the person accusing the individual of defamation must provide proof of actual damage as a result of the statement. In either case of defamation, both per se and per quod, a victim must demonstrate that the statement was both false and malicious. The statement must also be communicated to a third party, with the intent of inflicting harm. If the statement meets these criteria, a victim can seek legal recourse.

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